Nithish v. State Rep By its The Inspector of Police
CRL OP/19489/2026 · 2026-07-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 55820 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 55820 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.19489 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19489 of 2026 1.Nithish 2.Murali 3.Rajesh ... Petitioners Vs. The State rep by its. The Inspector of Police, W-2, All Women Police Station, Pallavaram, Chennai District. (Crime No.09 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.09 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.D.Dayalan For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19489 of 2026 O R D E R The petitioners who apprehend arrest for the alleged offence under Sections 69, 74, 351(2) of BNS, 2023, (Sections 376C, 354, 506(i) of IPC) in Crime No.09 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The allegation against the petitioners is that the first petitioner and the defacto complainant were in consensual relationship since 2017 and the first petitioner had physical relationship with the defacto complainant and thereafter, refused to marry her and when the same was questioned by the defacto complainant, the petitioners abused the defacto complainant in filthy language and threatened her with dire consequences. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19489 of 2026
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, opposed the grant of anticipatory bail to the petitioners. 5. Taking into consideration the totality of the circumstances and the fact that the first petitioner and the defacto complainant were in consensual relationship for more than 8 years and that the petitioner Nos.2 and 3 are the father and maternal uncle of the first petitioner, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 6.
Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19489 of 2026 (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of 15 days, and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19489 of 2026 State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 22.07.2026 ssb To 1.The Judicial Magistrate, Sriperumbudur. 2.The Inspector of Police, W-2, All Women Police Station, Pallavaram, Chennai District. 3.The Public Prosecutor, High Court of Madras.
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Crl.O.P.No.19489 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.19489 of 2026 22.07.2026 6/6 https://www.mhc.tn.gov.in/judis